“So, that’s it, Attorney? No more visa options for my daughter unless she passes the US-NCLEX exam?” lamented Ms. Ann E. Batumbakal, a fictional client of mine from Frisco, Texas, whose Manila-based daughter failed the US National Council Licensure Examination (US-NCLEX) exam for the umpteenth time.

“Actually, there’s another option,” I replied, “if your daughter is willing to forego her dream of working as a registered nurse in the meantime, and agree to work, say, as a nurse assistant instead, or even as a caregiver, at least in the beginning.”

“Really, how does it work, Attorney? Anything to let her get to the US is fine. She’s the only one left in the Philippines because she aged out, so we’re open to everything.”

I explained to her that those who did not have a US-NCLEX certificate could still be sponsored as nurse assistant. The process could take about two to three years, based on the current US visa situation, and the candidate would go through the regular sponsorship process without a labor certification waiver, unlike a registered nurse (RN) sponsorship, which did not require a job market test.                                       

I explained further that even if the employer would require a nursing aide certification, the same would be relatively easier to obtain and available immediately or shortly upon arrival, unlike a state RN license which usually entailed rigorous testing requirements and lengthy application periods.

“The only downside to this option,” I continued, “apart, of course, from the low salary, is that a nursing aide job is physically more demanding and psychologically more taxing than an RN job, although there is no prohibition against a candidate taking an NCLEX or state nursing board exam while working as a nurse aide.”

“That’s not too bad,” said Ms. Batumbakal evenly. “At least there’s still a chance of becoming a full-fledged nurse later on. What about a caregiver sponsorship, Attorney? What’s the difference?”

I told her that salary-wise, there wasn’t much of a difference. However, as far as the immigration timeline was concerned, a nurse aide could come to the US faster than a caregiver because it belonged to the “skilled workers” category.

“Hmm, any other option, Attorney?” she asked after a brief pause. “What about coming here to marry a US citizen? You see, my boss’ business partner is a widower, he’s 75 years old, but he’s looking for a young wife, like a late-life companion, and I’ve mentioned my daughter to him. He’d already seen her picture and wanted to meet her in person.”

“Well, if your daughter doesn’t mind marrying an old guy and if they genuinely fall in love with each other, then I don’t see any problem with that. The guy can file a fiancée petition for your daughter after they’ve met in person so that she can travel to the US to marry him. After that, she can apply immediately for a green card.”

“Wow, I didn’t know it would be that easy,” Ms. Batumbakal mumbled excitedly. “Uh, sorry, but I’ve got to go now, Attorney. My lunch break’s over, and I’ve got to get back to my part-time saleslady gig at the mall. Anyway, when you get a chance to travel to Texas, I hope you can visit us here in Frisco. My boss owns a vintage disco pub, and we can dance to the 70s tunes of my favorite band, Hotdog. They serve a special Coco Banana drink from the Philippines.”

I politely declined and told her I had two left feet. I didn’t tell her I was an eighties guy.